Family Law


Fort Wayne Family Attorneys Dedicated to Positive Solutions

Indiana firm skilled in handling all types of domestic relations matters

At Shilts & Setlak, LLC, we bring more than 80 years of combined experience to the practice of family law. Based in Fort Wayne, our firm serves clients across Indiana with compassion, dedication and in-depth legal knowledge. Family law encompasses a range of legal matters, including divorce, child custody, child support and adoption. These matters are deeply personal and sometimes emotionally charged. Our attorneys approach each case with the skill and sensitivity necessary to achieve the best possible outcomes for our clients.

Divorce

In Indiana, divorce is known as dissolution of marriage. As a no-fault state, Indiana does not require proof of wrongdoing to get a divorce. It is sufficient that one spouse states there has been an irretrievable breakdown of the marital relationship. 

Divorces can be either uncontested, when both spouses concur on all property and parenting issues, or contested, when the spouses disagree on one or more of these issues, requiring negotiation, mediation or possibly a trial.

A major aspect of divorce is property division. Indiana follows an equitable distribution model, meaning marital assets and debts are divided fairly, though not necessarily equally.

Spousal maintenance (also known as alimony) may be awarded in certain cases, such as when one spouse lacks the means to support themselves adequately after the divorce.

Our firm provides comprehensive representation through every phase of divorce, no matter how complex the case, with a focus on our clients' immediate and long-term interests.

Child Custody and Parenting Time

Child custody in Indiana involves both legal custody and parenting time. Legal custody is the right to make significant decisions regarding a child’s upbringing, such as education, healthcare and religion. Parenting time, often called visitation, is the actual time a child spends in the care of each parent.

Courts determine custody and parenting time based on what is in the best interests of the child, considering such factors as the child’s age, the history of parental involvement and each parent’s ability to provide a stable home. An arrangement may call for sole custody (one parent has all rights) or joint custody (shared legal decision-making). A parenting schedule divides time between the parents and sets forth guidelines for making decisions about the child’s upbringing. We help our clients resolve child custody and parenting time disputes through mediation, without the need for litigation.

Child Support

Indiana calculates child support using the income shares model, which estimates the amount parents would spend on their children if they were living together and divides it proportionally based on each parent’s income. Support covers necessities such as food, clothing, shelter, medical care, and education.

Support obligations typically last until the child turns 19, though exceptions apply for special needs or continued education. Enforcement tools like wage garnishment, tax refund interception and contempt actions help ensure compliance. Our lawyers work to establish fair, enforceable support arrangements tailored to each family’s situation.

Modification of Support and Maintenance Orders

Life circumstances change and existing child support and spousal maintenance arrangements may need to be modified. Indiana allows for modifications of court orders when there is a substantial and continuing change in circumstances, such as income changes, job loss or a shift in parenting time. Relocation of a parent may also impact support and custody. A modification requires filing a request with the court and may involve hearings or mediation. Our firm helps clients navigate the modification process, whether they are seeking a change or opposing one.

Adoption

Adopting a child is a rewarding but legally intricate process. It typically involves home studies, criminal background checks, consent from the biological parents (when required), termination of parental rights and a court hearing. Legal issues such as obtaining proper consent or ensuring compliance with state requirements can complicate the process. Our attorneys assist with private, agency and foster care adoptions. We guide clients through each step, ensuring that all legal requirements are met. 

Contact a respected Fort Wayne family law firm for a consultation

The experienced attorneys at Shilts & Setlak, LLC represent clients throughout Indiana in family court matters. Whether you're involved in a divorce, dealing with parenting disputes or seeking to adopt a child, we are here to help. Call us at 260-475-3106 or contact us online to schedule a consultation.

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Shilts & Setlak, LLC is located in Fort Wayne, IN and serves clients in and around Fort Wayne, Leo, Huntertown, New Haven, Grabill, Harlan, Yoder and Allen County.

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